Environmental Law in Pakistan - IUCN

and other liquid and solid waste within port limits is prohibited(Section 90(2)). Such offences are punishable with a fine of up to10 million rupees for each violation, with additional liability forclean-up costs (Section 90(3)).6.1.7.16 Ferries Act 1878This act regulates the operation of public ferries in the NWFP andthe Punjab. It empowers the “appropriate government” to declarepublic ferries, acquire private ferries and declare them to be publicferries (Section 4) upon payment of compensation (Section 5), andvest the management of public ferries in municipal bodies (Section7). The law also contains provisions allowing for the collection oftolls on public ferries (Section 8). The “appropriate government”—the federal government in the case of national highways andstrategic roads, and the provincial government in all other cases(Section 3A)—may make rules pursuant to this act (Section 12).6.1.7.17 Carriers Act 1865This act regulates the liability of common carriers in case ofdamage to or loss of property as a result of negligence or criminalconduct on the part of carriers or their agents. A common carrier isdefined as “a person, other than the Government, engaged in thebusiness of transporting for hire property from place to place, byland or inland navigation” (Section 2). The damage liability ofcarriers is limited to goods, and the law does not envisage anyliability for damage to the environment. Both the federal andprovincial governments have the power to notify the goods orclasses of goods to which this law applies (Section 11).6.1.7.18 Stage-CarriagesAct 1861This act regulates the licensing of horse-drawn carriages.Magistrates are empowered to issue, refuse or cancel licenses(Sections 2, 3 and 10). The law also prohibits the ill-treatment ofhorses used in this trade (Section 9). Powers under this act havebeen delegated to provincial governments (Section 20A).6.1.7.19 Pakistan PenalCode 1860Under Section 278 of the PPC, the punishment for “making [the]atmosphere noxious to health” is a maximum fine of 500 rupees. Inaddition, certain sections of Chapter XIV on public health andsafety concerning “public nuisance” may be interpreted to includeair and noise pollution from vehicles, as well as emissions(Sections 268, 278, 290 and 291).6.1.8 Energy and Hydroelectric PowerNuclear power, and the Water and Power Development Authority (WAPDA) are mentioned in theFederal Legislative List (Part I, item 18 and Part II, item 3 respectively), while electricity appears inthe Concurrent List (item 34). Energy is one of the few sectors where recent legislation includesprovisions for environmental protection.According to Article 157 of the Constitution, the federal government may construct or installhydroelectric or thermal power plants, grid stations and inter-provincial transmission lines anywhere06Processes andInstitutions61EnvironmentalLaw in PakistanFederal